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Know Your Rights: Can I Sue My Employer For Getting Hurt On The Job?

Mankato Workers’ Compensation Attorney

So, you’ve been hurt on your job. According to the Bureau Labor of Statistics, “there were 2.8 million nonfatal job related accidents and illnesses reported by private industry employers in 2018 in the United States.” You’re not alone if you’ve been hurt at work.

Most likely, you’re asking yourself; “when will your life return to a sense of normalcy, will you lose your job, and more importantly, can your job be held liable for your injuries?” All of which are good questions that can have a tremendous impact on your life. The following user-friendly blog discusses your recourse if you’ve been hurt at work.

What Qualifies As A Work Related Injury Or Accident?

“An injury, illness, or accident must be considered work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” There are some exceptions to this rule under Chapter 176 Workers Compensation laws in Minnesota including whether or not the alleged injury, illness, or accident happened on the job.

For example, if your buy a sandwich from your employer and choke on the sandwich while eating it, this is not considered a work-related accident. However, if you get a sandwich from your employer and choke on it while eating or tasting it as part of your job, this is considered to be a work-related injury/accident.

Can I Sue My Employer For Getting Hurt At Work?

Yes, many people choose to file a workers compensation claim when they’re injured at work, but since workers’ compensation laws in Minnesota are complex and subject to change, it’s best to hire a legal professional that can fight for your rights. Choose a legal firm that has experience and legal knowledge and willing to help you get the workers compensation settlement you deserve.

Seek Medical Attention

Whenever you’re involved in a work-related accident, suffering from a work-related illness, or injury, you should promptly seek medical attention. Be truthful about the details of your situation (although it may have developed over time), don’t miss your appointments, and get the proper follow-up care. You may be asked to see a doctor on behalf of your employer’s insurance company (the same rules apply).

What You Need To Know About Minnesota Workers’ Compensation Laws

If you’re injured on the job, you must tell your employer as soon as possible.

Within 14 days: If you tell the employer within 14 days of your injuries, your notice is on time.

Fifteen to 30 days: If you tell your employer 15 to 30 days after your injuries, your employer is allowed to deny your claim because of late notice only if your employer shows it has be prejudiced (harmed) by the delay.

Thirty-one to 180 days: If you tell your employer 31-180 days after your injuries, your employer is allowed to deny your claim because of late notice unless the delay in telling your employer about the injury was due to:

  • your mistake, inadvertence, ignorance of fact of law, or your inability to give notice; or
  • fraud, misrepresentation or deceit (dishonesty) by your employer or your employer’s agent

More than 180 days: If you tell your employer more than 180 days after your injury, no workers’ compensation benefits are allowed unless you did not give notice because your were mentally or physically incapacitated. But you must notify your employer within 180 days after you are no longer incapacitated. There may be some other exceptions to these rules, so you should consult with an attorney regardless.

Injured On The Job? Call Us Today!

If you’re injured on the job, you should report the incident to your employer. More importantly, seek the attention of a doctor to document your medical condition. After seeing a doctor and reporting your injuries, you can then file a claim with your employer for workers compensation due to work-related injuries. If you want to be successful in your workers compensation claim, hire an attorney to assist you.

If you’re injured on the job, contact us at Farrish Law for more details on how to file a workers compensation claim today!

Informational Resources: 

Farrish Law

https://www.farrishlaw.com/

Minnesota Department of Labor And Industry

https://www.dli.mn.gov/sites/default/files/pdf/infosheet_reporting_work_injury.pdf

Our Workers’ Compensation Lawyer

Yuri Jelokov, Attorney

Yuri Jelokov

Workers’ Compensation Lawyer